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    PVL2601-Assignment 2 Semester 1 2024

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    petersihlangu93
    The document contains two questions regarding marriage law in South Africa. Question 1 asks the student to (1) define void and voidable marriages, and (2) analyze scenarios to determine if the marriages are void or voidable. Question 2 asks the student to advise whether a husband has automatically forfeited his right to maintenance from his wife in their divorce based on reasons the wife provided. The student is expected to reference legislation and case law in their analysis and apply a detailed marking rubric.

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    PVL2601-Assignment 2 Semester 1 2024

    Uploaded by

    petersihlangu93
    971 views2 pages
    The document contains two questions regarding marriage law in South Africa. Question 1 asks the student to (1) define void and voidable marriages, and (2) analyze scenarios to determine if the marriages are void or voidable. Question 2 asks the student to advise whether a husband has automatically forfeited his right to maintenance from his wife in their divorce based on reasons the wife provided. The student is expected to reference legislation and case law in their analysis and apply a detailed marking rubric.

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    Assignment 1

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    The document contains two questions regarding marriage law in South Africa. Question 1 asks the student to (1) define void and voidable marriages, and (2) analyze scenarios to determine if the marriages are void or voidable. Question 2 asks the student to advise whether a husband has automatically forfeited his right to maintenance from his wife in their divorce based on reasons the wife provided. The student is expected to reference legislation and case law in their analysis and apply a detailed marking rubric.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    971 views2 pages

    PVL2601-Assignment 2 Semester 1 2024

    Uploaded by

    petersihlangu93
    The document contains two questions regarding marriage law in South Africa. Question 1 asks the student to (1) define void and voidable marriages, and (2) analyze scenarios to determine if the marriages are void or voidable. Question 2 asks the student to advise whether a husband has automatically forfeited his right to maintenance from his wife in their divorce based on reasons the wife provided. The student is expected to reference legislation and case law in their analysis and apply a detailed marking rubric.

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    © All Rights Reserved
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    of 2

    PVL2601: ASSIGNMENT 2 2024/1

    Question 1

    (a) Define a void marriage and a voidable marriage.


    (2)

    (b) Read the following scenarios and indicate whether each of the marriages is void
    or voidable. You must briefly explain your answer:

    (i) Bobby and Martha married three years ago. At the time of their wedding,
    Martha was pregnant with Robby’s child. The child, Lulu, was born six
    months after the wedding. Last week, Bobby discovered that he is not
    Lulu’s biological father. He tells Martha that he would never have married
    her had he known that she was pregnant with another man’s child.
    (2)

    (ii) Themba, a competent marriage officer, solemnises the marriage


    between Katlego and Kris. Katlego’s brother is the only other person who
    is present at the wedding.
    (2)

    (iii) For the past ten years, Ben has known that he is sterile. As Mary
    repeatedly told Ben that she wanted children, Ben feared that Mary
    would not want to marry him if he told her about his sterility. He informed
    Mary of his sterility last week, when she complained about the fact that,
    a year after they got married, she still had not fallen pregnant. Mary
    immediately told Ben that she would never have married him had she
    known that he was sterile.
    (2)

    (iv) 14-year-old Lerato and 19-year-old Thato conclude a marriage without


    the consent of their parents or any other person.
    (2)
    [8]

    [10]

    Question 2

    Mr and Mrs XY have been married in community of property for 18 years. Mr XY is


    unemployed and is financially dependent on Mrs XY. In the past, Mrs XY gave Mr XY
    R15 000 per month to spend on his personal needs. Mr XY has a girlfriend that he has
    been seeing for the last six months. Upon discovering the affair, Mrs XY chased Mr
    XY out of their rental property and filed for divorce. In the summons, Mrs XY requests
    equal division of the joint estate, which consists only of household assets and debts.
    In his counterclaim, Mr XY pleads that he is an adult of 67 years and has been solely
    dependent on Mrs XY. He requests maintenance in the amount of R15 000 per month
    until remarriage or death. In her response to Mr XY’s counterclaim, Mrs XY pleads that
    Mr XY has automatically forfeited his right to claim maintenance because their
    marriage is being terminated, he is the cause of the termination, and he has moved in
    with his girlfriend and is in a life partnership with his girlfriend.

    With reference to legislation and case law, advise Mrs XY whether she is correct that
    Mr XY has automatically forfeited his right to claim maintenance due to the reasons
    she pleaded in her response to Mr XY’s counterclaim.

    Very important: Your answer to the question will be evaluated according to the
    following marking rubric:

    Evaluation criteria Not yet Partially Achieved


    achieved achieved
    1. Identify the problem. 0 0.5 1
    2. Discussing the relevant 0 1-6 7
    law applicable to the
    problem referring to
    authority, acknowledging
    sources and avoiding
    plagiarism
    3. Applying the law to the 0 0.5 1
    facts of the problem
    4. Language, use of 0 0.5 1
    tenses/syntax and
    formulation

    [10]

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